Tex.
Health & Safety Code Section 164.006
Soliciting and Contracting with Certain Referral Sources
(1)
contact a referral source or potential client for the purpose of soliciting, directly or indirectly, a referral of a patient to the treatment facility without disclosing its soliciting agent’s, employee’s, or contractor’s affiliation with the treatment facility;(2)
offer to provide or provide mental health or chemical dependency services to a public or private school in this state, on a part-time or full-time basis, the services of any of its employees or agents who make, or are in a position to make, a referral, if the services are provided on an individual basis to individual students or their families. Nothing herein prohibits a treatment facility from:(A)
offering or providing educational programs in group settings to public schools in this state if the affiliation between the educational program and the treatment facility is disclosed;(B)
providing counseling services to a public school in this state in an emergency or crisis situation if the services are provided in response to a specific request by a school; provided that, under no circumstances may a student be referred to the treatment facility offering the services; or(C)
entering into a contract under Section 464.020 (Additional Requirements for Disciplinary Alternative Education Treatment Programs) with the board of trustees of a school district with a disciplinary alternative education program, or with the board’s designee, for the provision of chemical dependency treatment services;(3)
provide to an entity of state or local government, on a part-time or full-time basis, the mental health or chemical dependency services of any of its employees, agents, or contractors who make or are in a position to make referrals unless:(A)
the treatment facility discloses to the governing authority of the entity:(i)
the employee’s, agent’s, or contractor’s relationship to the facility; and(ii)
the fact that the employee, agent, or contractor might make a referral, if permitted, to the facility; and(B)
the employee, agent, or contractor makes a referral only if:(i)
the treatment facility obtains the governing authority’s authorization in writing for the employee, agent, or contractor to make the referrals; and(ii)
the employee, agent, or contractor discloses to the prospective patient the employee’s, agent’s, or contractor’s relationship to the facility at initial contact; or(4)
in relation to intervention and assessment services, contract with, offer to remunerate, or remunerate a person who operates an intervention and assessment service that makes referrals to a treatment facility for inpatient treatment of mental illness or chemical dependency unless the intervention and assessment service is:(A)
operated by a community mental health and intellectual disability center funded by the department and the Department of Aging and Disability Services;(B)
operated by a county or regional medical society;(C)
a qualified mental health referral service as defined by Section 164.007 (Qualified Mental Health Referral Service: Definition and Standards); or(D)
owned and operated by a nonprofit or not-for-profit organization offering counseling concerning family violence, help for runaway children, or rape.
Source:
Section 164.006 — Soliciting and Contracting with Certain Referral Sources, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.164.htm#164.006 (accessed Apr. 29, 2024).
